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Arizona v. City of Tucson

The Ninth Circuit affirmed in part and reversed in part a lower court decision approving CERCLA consent decrees between settling parties and the state concerning cleanup costs stemming from a hazardous waste site near Tucson, Arizona. Several nonsettling PRPs intervened in the case, seeking a court ...

Colorado Oil & Gas Ass'n v. City of Fort Collins

A Colorado court held that the state's Oil and Gas Conservation Act preempts a city's five-year moratorium on hydraulic fracturing. The city is a "home-rule" city, meaning it has “the full right of self-government” on local and municipal matters. Nevertheless, a local ordinance that infringes on...

Columbia Riverkeeper v. United States Coast Guard

The Ninth Circuit held that it lacked jurisdiction to review a U.S. Coast Guard letter to FERC concerning the suitability of the Columbia River for vessel traffic associated with a proposed liquefied natural gas (LNG) facility and pipeline. The letter of recommendation stated that although the river...

Commonwealth Edison Co. v. Illinois Commerce Comm'n

An Illinois appellate court upheld a state plan requiring state utilities to purchase power from a coal-fueled, near-zero emissions electric power plant. State utilities challenged the plan, arguing that the Illinois Power Agency has no power to propose, and the Illinois Commerce Commission has no p...

Joint Landowners Coalition of New York v. Cuomo

A New York court dismissed mineral rights owners' lawsuit seeking to compel the state to finalize its supplemental EIS on hydraulic fracturing. The owners filed the lawsuit under the State Environmental Quality Review Act (SEQRA), claiming that the state's failure to finalize the standards for high-...

Wallach v. New York State Department of Environmental Conservation

A New York court dismissed a lawsuit seeking to compel the state to finalize its supplemental EIS on hydraulic fracturing. The trustee to a bankrupt energy company filed the lawsuit, claiming that the company's bankruptcy and inability to develop its mineral rights stem from the state's failure to f...

Colorado Oil & Gas Ass'n v. City of Longmont, Colorado

A Colorado court struck down a city's ban on hydraulic fracturing. In 2012, voters passed an amendment to the city charter that bans fracking and the storage and disposal of fracking waste within city limits. The oil and gas industry challenged the ban, arguing that it was preempted. The court agree...